The Legislative Choice Between Delegated and Implementing Acts in EU Law
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The Legislative Choice Between Delegated and Implementing Acts in EU Law

Walking a Labyrinth

Edited by Eljalill Tauschinsky and Wolfgang Weiß

In the face of the current confusion about the use of arts 290 and 291 TFEU, there is need of further development of the theory of legislative delegation to the EU Commission. This timely book approaches this question from a practical perspective with a detailed examination of how the legislator uses delegated and implementing mandates in different fields of EU law. Offering an analysis of legislative practice and providing concrete evidence of how articles 290 and 291 TFEU are actually handled, it offers new insight into potential developments in EU administrative law.
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Chapter 5: Delegated and implementing acts in the regulation of pharmaceuticals – an analysis through the lens of subsidiarity

Sabrina Röttger-Wirtz

Abstract

This chapter examines whether the subsidiarity principle influences the legislative choice between delegated and implementing acts, using the regulation of pharmaceuticals in the internal market as a case study. Whereas delegated acts have to be examined in the context of legislative subsidiarity due to their quasi-legislative nature, implementing acts affect the competences of the Member States to implement EU legislation under the principle of executive federalism. It is argued that as the constitutional differences of control for these types of acts have to a certain degree been blurred, subsidiarity seems to be less relevant in the choice between delegated and implementing acts, even in a regulatory area with complex competence divisions between the Union and the Member States.

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